If an employee’s performance does not improve following a verbal warning, the supervisor or manager may decide to issue a second verbal warning (if the situation being addressed is not too serious), or may decide to proceed to the second level of disciplinary action — a written warning. 

The following points should be used as a guide only. You must also consult your agencies policies and procedures or if unionized, your collective agreement as well as consult with HR professionals inside your organization. 

Preparing the written warning includes:

• writing a letter (on the organization’s letterhead) describing the performance problem or situation of concern.
• ensuring the letter indicates what improvements are necessary in the employee’s performance; it should have a tone of urgency without being threatening. Avoid sentences such as: “This is your final warning. . .” or “Failure to correct your performance will result in dismissal. . .” These are threats that may imply you have already made up your mind to dismiss the employee. The disciplinary letter is therefore not a sincere attempt to correct performance.
• reviewing the letter with your manager and/or HR director to ensure compliance with organizational policies. 
• reviewing the letter with a lawyer and/or with a representative of the government department responsible for labour or employment standards in your area. Paying for an hour of a lawyer’s time may save your organization thousands of dollars down the road. 
• It is unwise to “threaten” an employee with dismissal at any stage (verbal or written) of the disciplinary process. This may cause an employee significant stress because they feel their livelihood, family security and career is at stake. An employee who is “under duress,” may claim he/she was unable to correct his/her performance because of the “threats” made by the employer and the resulting distress. As a result, the employee may succeed in proving she was wrongfully dismissed.

The next step is conducting the disciplinary interview:

• think about (and rehearse, if necessary) what you will say. Anticipate the employee’s questions and prepare your responses in advance.
• Ensure you have another supervisor/manager or administrator attend the interview as a witness and to take notes during the meeting. After the interview, these notes are placed on the personnel file and a copy may be given to the employee. These notes are a legal document and should be typed and must be professional in content and tone.
• meet privately with the employee and present the letter. Present the letter and clarify any points made in the letter. Be specific and confine your comments to behaviors or tasks requiring improvement. Ensure the employee realizes the gravity of the situation.
• if the employee refuses to accept the letter containing the written warning, you may decide to read it to them and after the interview it may be simply placed on the employee’ s personnel file. A copy may be mailed to their postal address if that is determined to be necessary. 
• listen to the employee’s comments and do not argue. Restate your concerns one more time. Ensure the employee understands why the action was necessary.
• never make comments about the employee’s attitude. A person’s attitude is always inferred from their behavior. If challenged about having a “bad attitude” the employee will (quite rightly) ask for concrete behavioral examples. The supervisor is then in a defensive position and must then explain using examples of the employee’s performance and behavior. So, start with at least one behavioral example first!
• Invite the employee to respond or ask questions. If the person is angry – do not argue. Explain one more time why the warning is necessary. Restate the serious nature of the concerns. If the employee has avenues of appeal or grievance provided by organizational policy (or by the collective agreement), advise them of this and adjourn the meeting.
• some employees react emotionally to the disciplinary process. If the person is upset with the action, ensure she understands why the action was necessary and what she can do to “get back on track.”
• discuss how you will monitor the employee’s progress, and schedule one or more follow-up feedback sessions.
• be prepared to answer questions from the employee on how to proceed with a grievance.
• close the interview by summarizing your expectations for improved performance. If additional coaching or training is necessary, discuss how it will be provided, when, and by whom.
• Thank the employee for coming to speak with you, stand and escort them calmly from the room.

Finally, it is wise to consider the possibility that during the disciplinary process the employee may offer to resign his/her position. Plan in advance for how you will handle the situation. The best course of action may be to accept the resignation and request it be made in writing before the employee leaves the disciplinary meeting. However, it may also be a good idea to give the employee a “cooling off period”. Suggest that the employee take a few hours to consider their decision, then advise you if they actually wish to tender their resignation. This option is suitable when you wish to retain the employee and believe the performance issue can be successfully addressed.

There are several reasons why having a third person attend the disciplinary interview. These include:

• the person serves as a witness, verifying what was said and how you managed the meeting.
• the person may play a minute-taking role, documenting the conversation for future reference. This relieves you from the responsibility of both “saying the words”, managing the interview AND taking accurate and professional notes.
• the person may provide support to you and may debrief the meeting with you afterward

if the person is a manager, she provides the action with a sense of authority that comes with his/her position.

In a few circumstances, an employee may receive a second written warning. This may occur when: 

• the first written warning was given several (3 – 6 months) previously the employee’s performance improved significantly between the first incident, or,
• the new incident or the current situation is not connected in any way to the previous performance problem.

Employees who improve their performance after disciplinary action must be commended. Ensure you support the employee to sustain his/her progress. Continue to challenge

the person to go beyond current performance by setting goals to develop excellence.